Getting a Divorce? On what grounds?

“Divorce isn’t such a tragedy. A tragedy’s staying in an unhappy marriage, teaching your children the wrong things about love. Nobody ever died of divorce.”

This may be something I read in a cheesy chick book, but there’s a lot of truth in it!

Sometimes, for one reason or another, marriages just don’t work.

It is an unfortunate statistic that here in Northern Ireland, one in four marriages ends in divorce

Many people, particularly older generations, feel that divorce has become somewhat ‘fashionable’ these days and that it is too ‘easy’ for couples to get divorced.

Whilst some could argue that there may be a little truth in that given the statistics, it is by no means the case that any Tom Dick or Harry (or their female counterparts!) can simply get a divorce.

What do I need to show before I can get a divorce?

In Northern Ireland, in order to get a divorce, you firstly need to have been married at least 2 years to your spouse.

This doesn’t mean that you are compelled to continue living with your spouse for a full 2 years – you can of course live separately. However you will not be in a position to apply (or as it’s called in the profession ‘petition’) for divorce until you’ve been married at least 2 years.

Then, either you may be able to petition for divorce so long as they can show that their marriage has ‘irretrievably broken down.’

The ‘grounds’ for divorce

To get a divorce on this ground, you need to show the Court that your husband’/wife has behaved so unreasonably that you can no longer be expected to live with them.

Types of unreasonable behaviour are wide ranging and can include, for example, physical or verbal aggression, lack of communication, financial control or misconduct and addictions.

Adultery

In order to petition for divorce on the ground of adultery, you need to show the Court that your husband/wife has committed adultery during the course of the marriage.

The person with whom your partner had the affair can be joined and named in the Divorce Petition also.

Two Years Separation With Consent

This is available where both you and your partner have lived separately for more than two years and your partner consents to the divorce. You can have been living in the same property during this time but must have lived independently to one another. This can happen where, for example, you both live in the same house but have separate bedrooms and would not cook or clean or spend time with one another.

Desertion for Two Years

This occurs is where your partner has effectively ‘deserted’ you. This ground is technically difficult to prove and is very rarely relied upon in divorce proceedings.

Five Years Separation

This ground is available where you and your partner have lived separate for more than five years. You do not require your partner’s consent on this ground.

Many people think that the law surrounding divorce is outdated – that if you are able to freely enter into a marriage, you should be able to freely get out of it again, without the law dictating how and when you can do this.

As it stands at the moment though, any person wishing to divorce their partner in Northern Ireland will need to satisfy one of the grounds above.

We would be interested to know your thoughts on this –

Perhaps you have been unable to get divorced yet because you do not presently satisfy any of the grounds?

Maybe you think that having criteria in this way to restrict divorce is a good thing?? Please let us know your views on this topic below.

If you need any further information on divorce please contact us or feel free to leave a comment below.